THE COMMISSION OF SATI (PREVENTION) ACT, 1987 
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ARRANGEMENT OF SECTIONS 
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PART I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

PART II 

PUNISHMENTS FOR OFFENCES RELATING TO SATI 

3.  Attempt to commit sati. 
4.  Abetment of sati. 
5.  Punishment for glorification of sati. 

PART III 

POWERS OF COLLECTOR OR DISTRICT MAGISTRATE TO PREVENT OFFENCES RELATING TO SATI 

6.  Power to prohibit certain acts. 
7.  Power to remove certain temples or other structures. 
8.  Power to seize certain properties. 

PART IV 

SPECIAL COURTS 

9.  Trial of offences under this Act. 
10.  Special Public Prosecutors. 
11.  Procedure and powers of Special Courts. 
12.  Power of Special Court with respect to other offences. 
13.  Forfeiture of funds or property. 
14.  Appeal. 

PART V 

MISCELLANEOUS 

15.  Protection of action taken under this Act. 
16.  Burden of proof. 
17.  Obligation of certain persons to report about the commission of offence under this Act. 
18.  Person convicted of an offence under section 4 to be disqualified from inheriting certain 

properties. 
19.  [Repealed.] 
20.  Act to have overriding effect. 
21.  Power to make rules. 
22.  Repeal of existing laws. 

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THE COMMISSION OF SATI (PREVENTION) ACT, 1987 

ACT NO. 3 OF 1988 

[3rd January, 1988.] 

An  Act  to  provide  for  the  more  effective  prevention  of  the  commission  of  sati  and  its 

glorification and for matters connected therewith or incidental thereto, 

WHEREAS  sati  or  the  burning  or  burying  alive  of  widows  or  women  is  revolting  to  the  feelings  of 

human nature and is nowhere enjoined by any of the religions of India as an imperative duty; 

ANDWHEREAS it is necessary to take more effective measures to prevent the commission of sati and 

its glorification; 

BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— 

PART I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Commission  of  Sati 

(Prevention) Act, 1987. 

(2) It extends to the whole of India except the State of Jammu and Kashmir. 
(3) It shall come into force in a State on such date1as the Central Government may, by notification in 

the Official Gazette, appoint, and different dates may be appointed for different States. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); 

(b)  “glorification”,  in  relation  to  sati,  whether  such  sati,  was  committed  before  or  after  the 

commencement of this Act, includes, among other things,— 

(i) the observance of any ceremony or the taking out of a procession in connection with the 

commission of sati; or 

(ii) the supporting, justifying or propagating the practice of sati in any manner; or 

(iii) the arranging of any function to eulogise the person who has committed sati; or 

(iv) the creation of a trust, or the collection of funds, or the construction of a temple or other 
structure or the carrying on of any form of worship or the performance of any ceremony thereat, 
with  a  view  to  perpetuate  the  honour  of,  or  to  preserve  the  memory  of,  a  person  who  has 
committed sati; 

(c) “sati” means the act of burning or burying alive of— 

(i) any widow along with the body of her deceased husband or any other relative or with any 

article, object or thing associated with the husband or such relative; or 

(ii)  any  woman  along  with  the  body  of  any  of  her  relatives,  irrespective  of  whether  such 
burning  or  burying  is  claimed  to  be  voluntary  on  the  part  of  the  widow  or  the  woman  or 
otherwise; 

(d) “Special Court” means a Special Court constituted under section 9; 

(e)  “temple” includes any building or other structure, whether roofed or not, constructed or made 
to preserve the memory of a person in respect of whom sati has been committed or used or intended 
to  be  used  for  the  carrying  on  of  any  form  of  worship  or  for  the  observance  of  any  ceremony  in 
connection with such commission. 

1. 21stMarch, 1988, vide notification No. G.S.R.  359(E), dated 21st March, 1988,  see Gazette of  India, Extraordinary, Part II, 
sec. 3(i). 

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(2) Words and expressions used but not defined in this Act and defined in the Indian Penal Code (45 
of 1860), or in the Code shall have the same meanings as are respectively assigned to them in the Indian 
Penal Code or the Code. 

PART II 

PUNISHMENTS FOR OFFENCES RELATING TO SATI 

3.  Attempt  to  commit  sati.—Notwithstanding  anything  contained  in  the  Indian  Penal  Code(45  of 
1860), whoever attempts to commit sati and does any act towards such commission shall be punishable 
with imprisonment for a term which may extend to six months or with fine or with both: 

Provided  that  the  Special  Court  trying  an  offence  under  this  section  shall,  before  convicting  any 
person,  take  into  consideration  the  circumstances  leading  to  the  commission  of  the  offence,  the  act 
committed, the state or mind of the person charged of the offence at the time of the commission of the act 
and all other relevant factors. 

4. Abetment of sati.—(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), 
if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall 
be punishable with death or imprisonment for life and shall also be liable to fine. 

(2) If any person attempts to commit  sati, whoever abets such attempt, either directly or indirectly, 

shall be punishable with imprisonment for life and shall also be liable to fine. 

Explanation.—For  the  purposes  of  this  section,  any  of  the  following  acts  or  the  like  shall  also  be 

deemed to be an abetment, namely:— 

(a) any inducement to a widow or woman to get her burnt or buried alive along with the body of 
her deceased husband or with any other relative or with any article, object or thing associated with the 
husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a 
state of intoxication or stupefaction or other cause impeding the exercise of her free will; 

(b) making a widow or woman believe that the commission of sati would result in some spiritual 

benefit to her or her deceased husband or relative or the general well being of the family; 

(c)   encouraging  a  widow  or  woman  to  remain  fixed  in  her  resolve  to  commit  sati  and  thus 

instigating her to commit sati; 

(d) participating in any procession in connection with the commission of sati or aiding the widow 
or woman in her decision to commit sati by taking her along with body of her deceased husband or 
relation to the cremation or burial ground; 

(e) being present at the place where sati is committed as an active participant to such commission 

or to any ceremony connected with it; 

(f) preventing or obstructing the widow or woman from saving herself from being burnt or buried 

alive; 

(g) obstructing, or interfering with, the police in the discharge of its duties of taking any steps to 

prevent the commission of sati. 

5. Punishment for glorification of sati.—Whoever does any act for the glorification of sati shall be 
punishable with imprisonment for a term which shall not be less than one year but which may extend to 
seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty 
thousand rupees. 

PART III 

POWERSOF COLLECTOROR DISTRICT MAGISTRATETOPREVENTOFFENCESRELATING TO SATI 

6.  Power  to  prohibit  certain  acts.—(1)  Where  the  Collector  or  the  District  Magistrate  is  of  the 
opinion that sati or any abetment thereof is being, or is about to be committed, he may, by order, prohibit 
the doing of any act towards the commission of sati by any person in any area or areas specified in the 
order. 

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(2)The  Collector  or  the  District  Magistrate  may  also,  by  order,  prohibit  the  glorification  in  any 

manner of sati by any person in any area or areas specified in the order. 

(3)  Whoever  contravenes  any  order  made  under  sub-section  (1)  or  sub-section  (2)  shall,  if  such 
contravention is not punishable under any other provision of this Act, be punishable with imprisonment 
for a term which shall not be less than one year but which may extend to seven years and with fine which 
shall not be less than five thousand rupees but which may extend to thirty thousand rupees. 

7. Power to remove certain temples or other structures.—(1) The State Government may, if it is 
satisfied that in any temple or other structure which has been in existence for not less than twenty years, 
any  form  of  worship  or  the  performance  of  any  ceremony  is  carried  on  with  a  view  to  perpetuate  the 
honour  of,  or  to  preserve  the  memory  of,  any  person  in  respect  of  whom  sati  has  been  committed,  by 
order, direct the removal of such temple or other structure. 

(2) The Collector or the District Magistrate may, if he is satisfied that in any temple or other structure, 
other than that referred to in sub-section (1), any form of worship or the performance of any ceremony is 
carried on with a view to perpetuate the honour of, or to preserve the memory of, any person is respect of 
whom sati has been committed, by order, direct the removal of such temple or other structure. 

(3)  Where  any  order  under  sub-section  (1)  or  sub-section  (2)  is  not  complied  with,  the  State 
Government or the Collector or the District Magistrate, as the case may be, shall cause the temple or other 
structure to be removed through a police officer not below the rank of a Sub-Inspector at the cost of the 
defaulter. 

8.  Power to seize certain properties.—(1) Where the Collector or the District Magistrate has reason 
to believe that any funds or property have been collected or acquired for the purpose of glorification of 
the  commission  of  any  sati  or  which  may  be  found  under  circumstances  which  create  suspicion  of  the 
commission of any offence under this Act, he may seize such funds or property. 

(2) Every Collector or District Magistrate acting under sub-section (1) shall report the seizure to the 
Special  Court,  if  any,  constituted  to  try  any  offence  in  relation  to  which  such  funds  or  property  were 
collected or acquired and shall await the orders of such Special Court as to the disposal of the same. 

PART IV 

SPECIAL COURTS 

9.  Trial  of  offences  under  this  Act.—(1)  Notwithstanding  anything  contained  in  the  Code,  all 

offences under this Act shall be triable only by a Special Court constituted under this section. 

(2) The State Government shall, by notification in the Official Gazette, constitute one or more Special 
Courts for the trial of offences under this Act and every Special Court shall exercise jurisdiction in respect 
of the whole or such part of the State as may be specified in the notification. 

(3) A Special Court shall be presided over by a Judge to be appointed by the State Government with 

the concurrence of the Chief Justice of the High Court. 

(4)  A  person  shall  not  be  qualified  for  appointment  as  a  Judge  of  a  Special  Court  unless  he  is, 

immediately before such appointment, a Sessions Judge or an Additional Sessions Judge in any State. 

10. Special Public Prosecutors.—(1) For every Special Court, the State Government shall appoint a 

person to be a Special Public Prosecutor. 

(2) A person shall be eligible to be appointed as a Special Public Prosecutor under this section only if 
he had been in practice as an advocate for not less than seven years or has held any post for a period of 
not less than seven years under the State requiring special knowledge of law. 

(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a 
Public  Prosecutor  within  the  meaning  of  clause  (u)  of  section  2  of  the  Code  and  the  provisions  of  the 
Code shall have effect accordingly. 

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11.  Procedure  and  powers  of  Special  Courts.—(1)  A  Special  Court  may  take  cognizance  of  any 
offence, without the accused being committed to it for trial, upon receiving a complaint of facts which 
constitute such offence, or upon a police report of such facts. 

(2) Subject to the other provisions of this Act, a Special Court shall, for the purpose of the trial of any 
offence,  have  all  the  powers  of  a  Court  of  Session  and  shall  try  such  offence  as  if  it  were  a  Court  of 
Session, so far as may be, in accordance with the procedure prescribed in the Code for trial before a Court 
of Session. 

12.  Power  of  Special  Court with  respect  to  other  offences.—(1)  When  trying  any  offence  under 
this Act, a Special Court may also try any other offence with which the accused may, under the Code, be 
charged at the same trial if the offence is connected with such other offence. 

(2) If, in the course of any trial of any offence under this Act it is found that the accused person has 
committed  any  other  offence  under  this  Act  or under  any  other law,  a  Special Court  may  convict  such 
person also of such other offence and pass any sentence authorised by this Act or such other law for the 
punishment thereof. 

(3)  In  every  inquiry  or  trial,  the  proceedings  shall  be  held  as  expeditiously  as  possible  and,  in 
particular, where the examination of witnesses has begun, the same shall  be continued from day to day 
until all the witnesses in attendance have been examined, and if any Special Court finds the adjournment 
of the same beyond the following date to be necessary, it shall record its reasons for doing so. 

13. Forfeiture of funds or property.—Where a person has been convicted of an offence under this 
Act, the  Special  Court trying  such  offence  may,  if  it is considered necessary  so  to do,  declare  that  any 
funds or property seized under section 8 shall stand forfeited to the State. 

14. Appeal.—(1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of 
right  from  any  judgment,  sentence  or  order,  not  being  an  interlocutory  order,  of  a  Special  Court  to  the 
High Court both on facts and on law. 

(2) Every appeal under this section shall be preferred within a period of thirty days from the date of 

the judgment, sentence or order appealed from: 

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days 
if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of 
thirty days. 

PART V 

MISCELLANEOUS 

15. Protection of action taken under this Act.—No suit, prosecution or other legal proceeding shall 
lie against the State Government or any officer or authority of the State Government for anything which is 
in good faith done or intended to be done in pursuance of this Act or any rules or orders made under this 
Act. 

16. Burden of proof.—Where any person is prosecuted of an offence under section 4, the burden of 

proving that he had not committed the offence under the said section shall be on him. 

17. Obligation of certain persons to report about the commission of offence under this Act.—(1) 
All officers of Government are hereby required and empowered to assist the police in the execution of the 
provisions of this Act or any rule or order made thereunder. 

(2)  All  village  officers  and  such  other  officers  as  may  be  specified  by  the  Collector  or  the  District 
Magistrate in relation to any area and the inhabitants of such area shall, if they have reason to believe or 
have the knowledge that sati is about to be, or has been, committed in the area shall forthwith report such 
fact to the nearest police station. 

(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with 
imprisonment of either description for a term which may extend to two years and shall also be liable to 
fine. 

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18.  Person  convicted  of  an  offence  under  section  4  to  be  disqualified  from  inheriting  certain 
properties.—A  person  convicted  of  an  offence  under  sub-section  (1)  of  section  4  in  relation  to  the 
commission  of  sati  shall  be  disqualified from  inheriting  the  property  of  the  person  in  respect  of  whom 
such sati has been committed or the property of any other person which he would have been entitled to 
inherit on the death of the person in respect of whom such sati has been committed. 

19.[Amendment of Act 43 of 1951].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001) s.2 

and the First Schedule(w.e.f.3-9-2001). 

20. Act to have overriding effect.—The provisions of this Act or any rule or order made thereunder 
shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than 
this Act or in any instrument having effect by virtue of any enactment other than this Act. 

21. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the provisions of this Act. 

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

22.  Repeal  of  existing  laws.—(1)  All  laws  in  force  in  any  State  immediately  before  the 
commencement of this Act in that State which provide for the prevention or the glorification of sati shall, 
on such commencement, stand repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  any  law  repealed  under 
sub-section  (1)  shall  be  deemed  to  have  been  done  or  taken  under the  corresponding  provisions  of  this 
Act, and, in particular, any case taken cognizance of by a Special Court under the provisions of any law 
so repealed and pending before it immediately before the commencement of this Act in that State shall 
continue to be dealt with by that Special Court after such commencement as if such Special Court had 
been constituted under section 9 of this Act. 

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